IN THE HIGH COURT OF JUDICATURE OF ………………
AT…………….
C.M.P. No……….. of …….. 20………..
in
C.R.P. No……….. of …….. 20………..
Between :
……………………..
……………………. …..Petitioners/Petitioners
and
…………………….
…………………… .....Respondent/Respondents
Affidavit of ………………, the petitioner herein
I, ……………………………………………..…..…………….
W/o……………………………………………………………, Hindu,
aged about………………………………………………… years,
Housewife, R/o……………………………..………..….
Road, ……………………………………………..……..…....
Town and ……………………………………………………..
Mandal, …………………………………………….………. District and now having temporarily come down to ………………..………………. do hereby solemnly and sincerely affirm and state on oath as follows :
1. That I am the petitioner herein and also the petitioner in the above Civil Revision Petition and also the petitioner in I.A.No. ……………………….... of …………………..……. in C.M.A.No. ……………….……. of ……………..……. on the file of the Court of the Vth Additional District Judge, ………………………..………….. and as such I am well acquainted with the facts of the case.
2. I submit that the plaint schedule property was originally assigned to one Sri…………………………………. in the year………………………… and inasmuch as he had violated the terms and conditions, the patta was cancelled in the year…………………..….. and after thorough enquiry and completing all the formalities, it was signed to me and I had constructed a pucca house in the said site and I obtained electricity service connection and I have been in actual possession and enjoyment of the same as the absolute owner thereof.
3. I further submit that it appears that the 1st respondent had obtained a money decree against one late Sri ……………………………………………………………….. in O.S.No. ………………………..……. of …… on the file of the Court of the I Additional Junior Civil Judge, ………………………………… and filed E.P.No………………. …… of …… to attach my house property, which is not liable to be sold in Court auction. It is humbly submitted that I filed E.A. No. ……… of the Court of the I Additional Junior Civil Judge,……………………………... under Order 21, Rule 58 C.P.C. and the said E.A. was dismissed though I had marked Exs. A-1 to A-7 and also examined P.Ws. 1 and 2 to prove my case. Aggrieved by the same, I filed C.M.A. No. ……………………... of ………………………….. on the file of the Court of the V Additional District Judge, ……………………….. and I also filed an application I.A.No……………………….….. of ……………………….……… for grant of stay, whereunder a direction was given not to confirm the sale only and aggrieved by the same, I am preferring the above C.R.P.
4. I crave the leave of this Hon’ble Court to read the contents of Memorandum of Grounds of Civil Revision Petition may be read as part and parcel of this affidavit also for better appreciation of the facts and circumstances of the case.
5. I humbly submit that I have strong ground and also I have prima facie case and the balance of convenience is also in my favour and in the said circumstances if the Hon’ble Court has not granted interim stay of all further proceedings in E.P.No. ……………….….. of …………………..…… in O.S.No…………………… of …. on the file of the Court of the I Additional Junior Civil Judge, ………………….….as otherwise, I will be put to irreparable loss, great hardship, heavy injury and unsustainable damage.
Under these circumstances, it is just and necessary in the interests of Justice, that this Hon’ble Court may be pleased to stay all further proceedings in E.P. No. …………………… of…………………… ……. in O.S.No…………………………. of …………………………….. on the file of the Court of the I Additional Junior Civil Judge,……. without reference to the order made in I.A.No………………………. of ….. in C.M.A.No…… of dated………. on the file of the Court of the V Additional District Judge, ………. pending the disposal of the above Civil Revision petition, and pass such other and further order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.
Solemnly and sincerely affirmed…….
on this the ………of ……. and signed
his name in my presence.
Deponent
Before me
Advocate …………
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